Full n final settlement still not done

You were at which location in which state?

Demanding resignation in office is offence and forced resignation can be termed deemed termination.

You and all other employees could have withdrawn the resignation if it was extracted by coercion/ force in company premises. All employees could have stood as witness to each other and approached police and o/o Labor Commissioner.

Did you resign with immediate effect? If yes company must have adjusted notice pay as applicable in FNF statement. However it has supplied neither the FNF statement, nor payment of the FNF dues to you.

You may prepare a list of payables by you to company and payables by company to you and check what is the amount of dues to be paid by whom?

The language written in appointment letter should be carefully studied. You may show it and all emails etc to a competent and experienced labor consultant/service lawyer, for expert opinion.

If after 5 months your services would stand to be confirmed even if not stated in writing, the company would apply notice period/pay applicable after confirmation.

Designation alone does not decide employee is a workman or not.

Your lawyer may ask all of you a set of structured questions and may opine that you fall within the category of a workman.

 Your lawyer may opine that you can raise dispute under ID Act-approach o/o Labor Commissioner and/or Inspector Shops and Establishments Act, Inspector under Payment of Wages Act- and lodge individual/joint application for unpaid wages.

Shops and Establishments Act of the states have clauses and provisions on

Notice period………..which is maximum of 1 month. This enactment does not indiscriminate between workman and non workman and is applicable to all employees.

The clauses on notice period in appointment letter may be termed void to that extent.

Model Standing Orders:

13.  Termination of employment.- (3)              Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

Payment of Wages Act( Applicable to all employees drawing wages up to Rs.18000/pm, as per definition of wages in the act )

2. Definitions.

3*[(vi) "wages"

(d) any sum which by reason of the ermination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

kindly go thru your service agreement carefully and look for any restrictive clause(if any), and later issue a legal notice towards company with help of a lawyer.

Dear Sir,

I was located at Jamshedpur centre of frankfinn institute,and the state is Jharkhand... Well to specify the territory manager told on fone to put down papers with immediate affect, and he ensured that the salary will be credited, and all other dues will be cleared with fnf, so I thought there is no other option, so I resigned through mail stating the reason that as per TM, I am resigning, well in return they said, you must revert stating that you have resigned due to your personal reason, which I denied.... And as per policy I should have got notice period, which I dint got...And from than I am following up for the fnf through mails and telephonic conversation, but always fake commitment is given, and the fnf is not done.. And as per the rest of my colleagues is concerned amonh whome one is my fiance itself, who still have not got their fnf...Even they four employees where told to put down their papaers with imediate affect in nov 2012, where my fiance denied of giving resignation, and in return she was transfered to kochi, and was told to join in 2 days, which sge couldnt, and till date they have not given a single pay... In my tenure of 18months, of my work, I dint took a single leave, I dont know they will give my leave encashement or not...

1) they have violated service agreement by not giving a proper notice.

2) they have cheated by forcing you to resign.

3) they have made breach of trust by not paying your lawful compensation.

it is again advised to approach a lawyer and send a proper legal notice to (Jamshedpur Office, Registered Office, to all directors, concerned HR, and even your immediate manager).

Clone_panvel has given valuable advice. You follow it.

Your lawyer may opine that you can lodge criminal complaint with police under Sec 406,420………..There are threads at LCI which point out employee have lodged such complaints and employer/manager had to appear.

Pluck them out of their chairs and cozyness of thier offices.

The transfer order in case of your fiancé is with malafide intentions. If all affected employees stand as witness to your fiancé and each other it shall help each one.

All of you should approach a competent and experienced labor consultant/service lawyer.

The state of Jharkhand had adopted Shops and Commercial Establishments Act of Bihar.

You may go thru it and obtain the latest version from Dept. of Labor Jharkhand or market. .

Chapter: IV - Leave with wages

16. Annual leave with wages:-

(ii) In any other case, one day for every twenty days of work performed by him during the previous calendar year.

Explanation -For the purpose of this sub-section

(a) Any day of lay off, by agreement or contract or as permissible under the standing orders and any days of lock-out;

(4) If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may b(5) e, any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding calendar year:

Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty five days.

(8) When earned leave is refused to an employee having to his credit such leave for forty-five days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. The amount payable under this sub-section shall be in addition to the normal wages payable for the period.

Chapter: V - Wages

19. Responsibility for payments of wages:-

Every employer shall be responsible for the payment to his employees of all 20. Fixation of wage period:-

(1) Every employer shall fix period in respect of which such wages shall be payable.

(2) No wage period shall exceed one month.

21. Extra pay for overtime:-

23. Time of payment of wages:-

(1) Wages of every employee shall be paid before the expiry of the seventh day after the last day of the wage period as respect of which the wages are payable:

26. Notice of the dismissal or discharge:-

(1) No employer shall dismiss or discharge or otherwise terminate the employment of any employee who has been in his employment continuously for a period of not less than six months, except for a reasonable cause and after giving such employee at least one month`s notice or one month`s wages in lieu of such notice:

Provided further that an employee who has been in continuous employment for a year or more and whose services are dispensed with otherwise than on a charge of misconduct shall also be paid compensation equivalent to fifteen days average wages for every completed year of service and any part thereof in excess of six months before his discharge in addition to the notice or pay in lieu of notice as prescribed above.

(2) Every employee, dismissed or discharged or whose employment is otherwise terminated, may make a complaint in writing in the prescribed manner, to a prescribed authority…………

(4) The prescribed authority may condone delay in filing such a complaint if it is satisfied that there was sufficient cause for not making the application within the prescribed time.

(5) (b) In passing such order the prescribed authority shall have power to give relief to the employee by way of reinstatement or money compensation or both.

28. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims:-

(5) A single application may be presented under this section on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case the maximum compensation that may be awarded under sub-section (2) shall be ten rupees per head.

28A. Appearance by legal practitioner:-

A legal practitioner may, in any proceeding under this Act, appear, plead or act on behalf of any party on such conditions as may be prescribed.

THE PAYMENT OF WAGES ACT, 1936

16. Single application in respect of claims from unpaid group.

17A. Conditional attachment of property of employer or other

personresponsible for payment of wages

Dear Sir,

I just want to ask that is it necesaary to send notice from jamshedpur only, cause right now i am residing in bangalore, and my fiance is also in bangalore only, so please suggest what further steps need to be taken on this behalf...and I am having the appointment letter where it is mentioned that notice period will be apllicable on either from the employee side, or from the employer side, but they dint followed it neither in my  case,nor my fiance"s case,and even I am having all the follow up mails which I have sent on regular basis to all the concerned persons

Usually company states in appointment letter “Jurisdiction of courts shall be…………….”

It can also be last location/HQ of employee, HO/Regd. Office/Corporate Office of company….. Your lawyer/your representative/trade union can represent you.

Does the company have any office at Bangalore?

Can you arrange to initiate a dispute at Bangalore and then agitate at Bangalore?

Your lawyer shall be best placed to opine that you can agitate at your permanent/native address or not, and all other points?

You may meet your lawyer and proceed under expert advice of your lawyer.

If you wish to avail the services of LCI lawyer you may conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UWhLa9gsHso

You can also speak to Pro Lawyers.

Related Lawyers list is available at the bottom of this web page.

(Related 'Labour & Service Law' Lawyers)

Your near and dear ones, colleagues, can also guide you to a competent lawyer.

There are threads and judgments to suggest Unpaid Wages are debt on employer.

e.g.

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

At:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Bombay High Court

Balaram Abaji Patil vs Ragojiwalla (M.C.)

“Therefore 'wages' does not merely mean remuneration payable by the employer under the terms of the contract, express or implied; it includes any amount which the employer legally becomes liable to pay to the employee on fulfilment of the contract.

23:

In the case before us, once the employee has performed his part of the contract, the minimum wages due to him are, in our opinion, a debt due from the employer.

Let your lawyer’s opinion be final on all points discussed.